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and prosecute him in federal court. >> you don't want to turn over intelligence gathering to a criminal defense lawyer and the terrorist. you want to be able to gather tell without a lawyer present. under the law of war there is no right to a legal counsel when you're being questioned for national security purposes. i hope the obama administration will allow us that option that exists in our law. they have a very bad track record here. >> reporter: fox news is told investigators are probing a potential link to a islamist group as first reported on fox over the weekend. they were responsible for the attack on moscow airport. in response the group issued a statement saying their disagreement is with russia. they did not deny knowing the brothers. also according to one source who has reviewed that, they were undercut in their claims trying to deny any connection because they pointed the finger as russia as being responsible for these bombings which of course there is no evidence to support that, jon. jon: catherine herridge, lots of tangled leads to unravel here. catherine, thank you. >> reporter:
the daily beast that the drone program will move from the cia to the defense department. that could increase accountability and transparency. the president also responded by saying this at the state of the union. >> i will continue to engage congress to ensure not only that our targeting, detention and prosecution of terrorists remains consistent with our laws and system of checks and balances. but that our efforts are even more transparent to the american people and to the world. >> but it looks like that effort is not getting very far. the administration refused to even send a witness to testify and answer questions at today's hearings. the chair of the hearing told us the legal and policy questions surrounded targeted killings require a public debate. once again, it looks like a debate the white house would rather skip. joining us now to discuss the government's obligation to defend the nation and the constitution is dan clydeman who has been all over the story and wrote a definitive account of the evolving detention policies. kill or capture, the war on terr terror. and chief foreign cor
for the cia as a former deputy assistant secretary of defense. how critical is it that the 90 year-old brother of tamerlan tsarnaev be caught alive? >> well, is important. there is still some months that we don't know about this. is there a firm international connection? with a self radicalized? what motivated them? are there more potential terrorist attacks in the future? other part of the sleeper so? is the picture gets more clear new information makes a blurry, and there is just so much that we need to know. getting a hold of him and the freaking get informational tell us a lot. dagen: of course we mentioned the city has been on virtual lock down the public transition down. all of your major ones. so closed for today. amtrak service was closed down. people told by the governor of the state to stay indoors. boston and the surrounding areas. how critical is that? how critical is it that for these authorities to be a will to do their job? >> well, first of all, is public safety, of course. there are armed law enforcement officers, federal, state, local, out there trying to get this guy. anothe
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